Minister, why is the dingo no longer ‘fauna’?

7092018

So, a few of us have just submitted a letter contesting the Western Australia Government’s recent decision to delist dingoes as ‘fauna’ (I know — what the hell else could they be?). The letter was organised brilliantly by Dr Kylie Cairns (University of New South Wales), and she and the rest of the signatories have agreed to reproduce the letter in full here on ConservationBytes.com. If you feel so compelled, please voice your distaste of this decision officially by contacting the Minister (details below).

The undersigned welcome the opportunity to comment on and recommend alteration of the proposed section (9)(2) order of the Biodiversity Conservation Act 2016 (BC Act) that changes the listing of the dingo from “fauna” to “non-fauna” in Western Australia. Removing the “fauna” status from dingoes has serious consequences for the management and conservation of this species and other native biota it benefits. Currently, dingoes are classed as A7, or fauna that requires a management policy. The proposed section (9)(2) order will move dingoes (as “non-fauna”) to the A5 class, meaning that dingoes must be (lethally) controlled and there will be no obligation for the Department of Biodiversity, Conservation and Attractions to have an appropriate management policy (or approval).

As prominent researchers in top predator ecology, biology, cultural value and genetics, we emphasise the importance of dingoes within Australian, and particularly Western Australia’s ecosystems. Dingoes are indisputably native based on the legislative definition of “any animal present in Australia prior to 1400 AD” from the BC Act. Dingoes have been present in Australia for at least 5000 years. On the Australian mainland they are now the sole non-human land-based top predator. Their importance to the ecological health and resilience of Australian ecosystems cannot be overstated.

Over the past two decades, ecological research in Australian ecosystems and around the world has increasingly focused on the importance of the conservation of top predator populations for ecosystem health and the preservation of biodiversity. Diminishing top predator populations have often been associated with ecosystem instability and species decline. Australia now has a strong research focus upon top-predator conservation.

Australia is unusual in having only one medium-large sized terrestrial carnivore (15-20 kg). The protection of the ecological functions such a predator performs in Australia (ecosystem stability and resilience) is crucial. The extinction of a diverse suite of large carnivorous marsupials some thousands of years ago (and the more recent local and functional extinctions of quoll species across much of Australia) has already produced a drastic simplification of the structure of wildlife communities in Australia. The dingo is a keystone species that benefits small animals and plant communities by suppressing and changing the behaviours of mammalian herbivores and small-bodied predators (including foxes and cats). Their presence adds a stabilising influence and provides ecosystem resilience for endemic species and communities.

At a time of mounting ecosystem stress and species loss, the continued use of environmentally harmful lethal control on dingoes and environmentally functional “dingo hybrids” will likely harm confidence in the Western Australia State Government and the Department of Biodiversity, Conservation and Attractions in the eyes of the general public and the scientific community.

The government appears to be basing its decision to un-list the dingo as “fauna” on a single, controversial publication in a specialist journal (Jackson et al. 2017). This publication does not present sufficient evidence or persuasive arguments to scientifically justify a taxonomic change from Canis dingo to Canis familiaris. Indeed, Jackson and collaborator’s arguments are based on a narrow interpretation of taxonomy based on the “biological species concept”. In fact, there is a peer-reviewed publication in press by a group of scientists disputing the opinions of Jackson et al. (2017) and demonstrating that the dingo is a separate and unique species of canid that is endemic to Australia. We can forward the article upon request.

The other reason given for removing dingoes from the native fauna list appears to be a concern about dingo-domestic dog hybridisation. Extensive genetic testing of dingoes across Australia identified that 65% of wild dingoes in Western Australia carried no evidence of hybridisation (see below Figure 1). The dingo population in Western Australia is therefore one of the last remaining stable populations with high dingo ancestry. As dingoes and “dingo hybrids” have an imperative ecological role; it would be more appropriate for legislation to consider ecological function rather than strict genetic definitions, and arbitrary genetic “purity” thresholds. Strict genetic definitions will be difficult to monitor and manage in the wild and extensive regions over which dingoes occur.

Figure 1Hybridisation of dingoes across Australia based upon a 23-microsatellite test from Stephens et al. (2015). Warm colours indicate higher dingo ancestry and cool colours indicate lower dingo ancestry.In this context, we emphasise the following points:

The negative ecological consequences of lethal control of dingoes will cause serious harm to the biodiversity, resilience and health of Western Australia’s ecosystems.

The lethal control of dingoes will facilitate increases in mesopredator (cat and fox) and herbivore (kangaroos, wallabies and feral goats) populations that are currently managed as pests. This will in turn suppress threatened species populations.

Concern about hybridisation is based on an ecologically unwarranted distinction between “pure” dingoes and ecologically functional “dingo hybrids”. Furthermore, WA has one of the largest remaining populations of “pure” dingoes.

Changes to the taxonomy of dingoes from Canis dingo to Canis familiaris do not represent a widely accepted, scientifically supported consensus and are based on a narrow interpretation of the biological species concept. A concept that would consider species pairs such as humans and Neanderthals or wolves and coyotes, as the same species.

We strongly urge the Minister to reconsider his proposed section 9(2) order of the BC Act and instead suggest he should unambiguously endorse the dingo (irrespective of taxonomy) as “fauna” and direct the Department of Biodiversity, Conservation and Attractions to develop a management strategy in Western Australia that would preserve and protect existing dingoes (including high content hybrids). It would be imprudent to make such an important decision based on a single publication presenting controversial and poorly supported opinions.

On the balance of scientific evidence, protection of dingoes should be enhanced rather than diminished. If the Minister wishes to maintain the “status quo” then he could maintain the dingo as “fauna” under the BC Act, but classify it as “managed fauna”, creating an exemption under section (149)(2)(b).

Signed:

Dr Kylie Cairns, Centre for Ecosystem Science, University of New South Wales

Kangaroo, Emu and Galah to have their Native Fauna status revoked by the Environment Minister under section 9(2) of the new WA Biodiversity and Conservation Act 2016 (??)

No not really. Kangaroos and Emus are NOT having their fauna status revoked. That would be ABSURD to remove the fauna status of native animals, wouldn’t it?

The Western Australian Minister for the Environment, The Hon Stephen Dawson MLC, while confirming the dingo is considered a native species (fauna), has communicated to us his intention to go ahead and make an order under section 9(2) of the new Biodiversity (BC) Act, removing the fauna (native) status of the dingo (for the purposes of the Act) in Western Australia.

[ “The State Government will maintain the non-protection status of dingoes that was gazetted in 1984 under the Wildlife Conservation Act 1950 (WC Act). The WC Act declared that all fauna is wholly protected throughout the whole of the State at all times, however, the then Environment Minister declared them unprotected for the purposes of the Act.
Under the Biodiversity Conservation Act 2016 (BC Act), dingoes are considered a native species and consequently considered fauna under the Act. To ensure the status of the dingo remains unchanged, it is proposed that I will make an order under section 9(2) that determines that the dingo is not fauna for the purposes of the Act.
Consequently, any future order made under section (9)(2) of the current BC Act will have the same effect as the former notice made under the WC Act.” ]

The Minister maintains that this fauna removal order under Section 9(2) will have the same effect as a previous order in 1984 that declared the dingo was unprotected in the whole of the state, and that in practice, the ‘status’ of the dingo will remain unchanged. It won’t.

Currently the dingo is classed as ‘unprotected fauna’ in WA. That is, the dingo is recognised as a native animal without protection throughout the state. Although not ideal, the dingo is still recognised as fauna.

Why does the Department of Biodiversity Conservation and Attractions (DBCA) wish to remove the dingo as fauna ‘for the purposes of the Act’?

In WA all fauna is deemed protected. Under section 149 of the new Biodiversity Conservation Act, the ‘taking of fauna ‘without ‘lawful permission’ carries a penalty of up to $500,000.00

If the dingo remains as ‘fauna’ (even unprotected) ‘taking’ (killing) them will require ‘lawful authority’.

There is a provision under 149 (2) (b) of the new BC Act that states that the authority is not required, and fauna can be ‘taken’ if the fauna is ‘managed fauna’.

The new BC Act ‘managed fauna’ regulations will cover fauna species that can “sometimes cause significant damage or can have major negative impacts on other native species, mostly because they have established outside of their natural range or are overabundant due to human influence. Managed Fauna under the BC Act are those species that can be managed or taken in specific areas and using specific methods without the need to get a BC Act licence.”

Kangaroo, emu, and galah are examples of fauna species that will be covered by these ‘managed fauna’ regulations. The dingo meets all the specific criterion to be classed as ‘managed fauna’. There is ZERO reasons why the dingo cannot be ‘managed fauna’.

The DBCA will be required to develop and maintain an approved, published and implemented management program for dingo, much as is the case now.

It is obviously much easier for ‘the purposes of the Act’ (and for the DBCA) to simply have the Minister sign a piece of paper and make an order that dingoes are not fauna, just ‘dogs’.

What happens when dingoes’ fauna status is revoked and they are relegated to the status of a common ‘dog’?

At the moment in WA, the dingo is a declared native animal under the Agriculture and Related Resources Act 1976, listed as Category A7. Category A7 states: “A management programme for each species outlines the area and conditions under which controls may be applied. Programmes are for the whole of the State or as indicated for each species.”

Also declared species under Category A7 are: red kangaroos, galahs, euro kangaroos, and even emus. Our dingo stands alongside our national Coat of Arms and our larrikin cockatoo as declared fauna throughout the entire state of Western Australia. Approved, appropriate, and specific management programs must be in place for each species.

On the 1st of January 2019 when the Dingoes’ fauna status is removed (for the purposes of the Act) they will automatically move from Declaration Category A7 to Declaration Category A5.
Category A5 requires that: ‘wild dogs’ must be controlled and their numbers reduced, i.e. killed.

The removal of the dingoes’ fauna status (for the purposes of the Act) by way of Section 9(2) is NOT the same as the previous Act. The status quo is NOT maintained!

It will NOT have the same effect as the former notice made under the Wildlife Conservation Act. It WILL have serious negative effects on the dingoes in the wild in Western Australia.

The removal of the fauna status for the dingo also removes much of the previous responsibilities that the DBCA had in relation to their management. They will become ‘dogs’ – Declared Category A5 Pests in the wild under the Agriculture and Related Resources Protection Act. This means their numbers are mandated by law to be reduced and populations controlled. This will include all crown lands and leases, occupied or not.

Kangaroos, emus and galahs, all currently Declared fauna under Category A7 will be ‘managed fauna’ but the dingo, legally considered a native species will have their fauna status revoked and moved to Declared Category A5. Why?

Why not revoke the fauna status of our kangaroo and emu also?

If the Minister wished to maintain the ‘status quo’, he could simply declare that the dingo is ‘managed fauna’ and direct the DBCA to develop and maintain an approved, published and implement a management program for the dingo, the same as the dingo’s other current Declared pest Category A7 fauna mates, the kangaroo, the emu and the galah.

An order under Section 9(2) will not only be signing away the fauna status of an Environment Protection and Biodiversity Conservation Act declared Native species. It will also be signing an ‘Extinction Warrant’ for the dingo.